You were (having to observe all around, including behind you using your mirrors), and were still adequately prepared for the pedestrian stepping out from the left, who you couldn’t see due to the car turning blocking your vision of them, what with you doing 59 in a 40, it being an accident blackspot.
And prepared to stop for the police officer in high viz gear?
Prosecutor: did you see the officer in high viz gear?
You: No. Slam dunk lack of attention
You:Yes. Prosecutor: Yet you still did the dodgy overtake, at speed.
Why do you think the information is in their witness statement (and for that matter similar between the 2 examples we see). Elements they can rely on in court to set out / reinforce their case.
“There are zigzags, Your Worship”
”A change in the tarmac from black to pink”
”Warning signs of an accident blackspot”
Look again at the witness statement. Focus on the paragraph beginning “Speeding at the site .....” (and ending) “fail a driving test”.
(BTW, their typo of ‘sped’ for ‘speed’ is de minimis....)
Either the speeding or the overtake would fail a driving test, according to the officer. If you are planning to dispute this, be prepared for them to (in response) introduce evidence of testimony to support it. If you want to dig your heels in, and in response they have to adjourn to then get a DVSA driving examiner to appear : expect to get hammered for extra costs!
It is the opinion of the traffic officer that the speeding at the site of the crossing (without the overtake) constitutes “below the standard of a careful and competent driver”. By conjoining the speeding and the overtake: I doubt they’ll have trouble persuading the court.
As for “But in my opinion the act of overtaking on a duel carriage way should not been seen as careless driving”
funnily enough, they aren’t prosecuting you for overtaking on a duel carriageway, nor even doing so while slightly over the speed limit.....
They are doing so for 59 in a 40, at or on the approach to a controlled crossing.
Shocking pictures reveal ‘disgusting’ conditions inside Hermes depot where workers ‘feel like slaves’. Read more at https://www.consumeractiongroup.co.uk/topic/419726-shocking-pictures-reveal-%E2%80%98disgusting%E2%80%99-conditions-inside-hermes-depot-where-workers-%E2%80%98feel-like-slaves%E2%80%99/
Euro Car Parks issued this ticket to the police in Devon and Cornwall. Read more at https://www.consumeractiongroup.co.uk/topic/419522-can-anyone-identify-the-parking-company-which-issued-this-ticket-to-the-police-in-devon-and-cornwall/